Legal Treatises in the United States

The term treatise usually refers to an in-depth scholarly work on a particular subject area. A treatise may be a single volume or a multi-volume set. Some treatises carry scholarly weight but are not too technical or theoretical to be useful to law students. Most provide annotations to primary sources such as cases and statutes.

Treatises, or books, are expositions by legal writers on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law, or they may be geared toward a legal practitioner, such as a manual or handbook. Legal treatises can range from multivolume, specialized texts to short single volume works on specific issues. Different kinds of treatises have different purposes. For example, some treatises are designed to serve as teaching tools, such as legal hornbooks. Hornbooks are written primarily for a law student audience, and provide a more detailed treatment of a particular area of law than an encyclopedia or American Law Reports (A.L.R.) entry. Generally they contain summaries of landmark cases and other useful details.

Similarly, a nutshell is a book that provides an overview of a topic without a detailed analysis or extensive case referencing. Other treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services – a frequently supplemented tool that specializes in a particular area of law, is another kind of treatise. Looseleaf services often contain primary legal sources, finding aids, and secondary source material, making them an invaluable resource if one exists for your topic. Still other treatises are designed to serve as self-help publications such as those published by Nolo Press. See below to learn more about using, finding, and citing treatises.

Using Legal Treatises

Using legal treatises is like using any non-law book with a few exceptions. First, for a publication to provide reliable coverage of contemporary issues, it must be updated regularly and accurately to reflect changes in the law. Some form of updating (such as pocket parts, looseleaf filing or period revisions) is valuable and researchers should consult any updated materials. Second, while print is still the standard form of publication, more and more treatises are available online. For example, Westlaw and Lexis provide an increasing number of treatises online (such as Couch on Insurance and Nimmer on Copyright). Online versions of treatise are not necessarily more up to date, but they do allow for full-text searching which may be of value to a researcher.

Locating Treatises

There are several ways to locate legal treatises. For example, you could:

• use keyword or subject searches in your Library’s catalog;
• ask a reference librarian to help you locate a source in your field;
• check the American Encyclopedia of Law’s entry to locating Treatises by subject; or
• consult reference sources which identify treatises by subject such as The Legal Information Buyer’s Guide and Reference Manual by Ken Svengalis or Legal Information: How to Find It, How to Use It by Kent C. Olson (note Legal Information: How to Find It, How to Use It does not include single volume works).

Similarly, researchers hoping to learn whether a looseleaf service exists for their topic are advised to consult Legal Looseleafs in Print by Arlene Eis. Legal Looseleafs in Print identifies looseleaf publications by subject and title.

Citing Treatises

Citing Treatises with Bluebook

Bluebook Rule 15. See e.g., DEBORAH L. RHODE, JUSTICE AND GENDER 56 (1989).

Some Leading Treatises

• A Guide to Forensic Accounting Investigation
• A Practical Guide to Consumer Bankruptcy (MCLE)
• ABA State Antitrust Practice and Statutes
• ABA: Antitrust Source
• Accountants’ Handbook
• Accountant’s Liability
• Advanced Practice Strategies Medical Illustrations
• Advanced Private Equity Term Sheets and Series A Documents
• Advertising & Commercial Speech
• Agricultural Law
• Alabama Civil Practice Forms
• Alabama Civil Procedure
• Alabama Legislative Review Service
• Alabama Rules of Criminal Procedure
• Alabama Tort Law
• Alabama Workers’ Compensation Law and Handbook
• All About Cable and Broadband
• Allen’s Alabama Liability Insurance Handbook
• Alternative Dispute Resolution in the Work Place
• American Law of Mining
• Analysis of United States Income Tax Treaties
• Anderson’s Appellate Practice and
• Procedure in Ohio
• Anderson’s Ohio Civil Practice with Forms
• Anderson’s Ohio Consumer Law Manual
• Anderson’s Ohio Family Law
• Anderson’s Ohio Forms
• Anderson’s Ohio School Law Guide
• Antitrust Basics
• Antitrust: An Economic Approach
• Arkansas Form Book
• Arkfeld on Electronic Discovery and Evidence
• Arkfeld’s – Judicial Bench Book: Electronic Discovery and Evidence State & Federal
• Arkfeld’s Best Practices Guide for Electronic Discovery & Evidence
• Arkfeld’s Best Practices Guide for ESI Pretrial Discovery
• Arkfeld’s Best Practices Guide for Legal Hold
• Arkfeld’s Best Practices Guide: Information Technology Primer for Legal Professionals
• Art of Advocacy – Appeals
• Art of Advocacy – Cross Exam. Of Non-med Experts
• Art of Advocacy – Cross Examination – Medical Expert
• Art of Advocacy – Demonstrative Evidence
• Art of Advocacy – Direct Examination
• Art of Advocacy – Documentary Evidence
• Art of Advocacy – Jury Selection
• Art of Advocacy – Preparation
• Art of Advocacy – Settlement
• Asset Based Lending
• Asset Protection in Florida (FLCLE)
• Bender’s Business Tax Articles
• Bender’s Federal Income Taxation of Retirement Plans
• Bender’s New York Evidence-CPLR
• Bender’s Payroll Tax Guide
• Beyond Sarbanes-Oxley Compliance
• Blattmachr on Income Taxation of Estates and Trusts
• Brandis and Broun on North Carolina Evidence
• Bryson on Virginia Civil Procedure
• Business Crime
• Business Immigration Law: Strategies for Employing Foreign Nationals
• Business Separation Transactions: Spin-Offs, Subsidiary IPOs and Tracking Stock
• Business Transactions in Germany
• Business Valuation
• Calculating and Proving Damages
• Caldwell’s Kentucky Form Book
• California Criminal Defense Practice
• California Criminal Discovery
• California Intellectual Property Handbook
• California Juvenile Courts Practice and Procedure
• California Paralegal’s Guide
• California Public Sector Employment Law
• California Public Sector Labor Relations
• California Small Business Guide: Formation, Operation, and Taxation
• California State Antitrust and Unfair Competition Law
• California White Collar Crimes – Criminal Sanction and Civil Remedies
• Child Welfare Practice in Massachusetts (MCLE)
• Civil Causes of Action in Massachusetts (MCLE)
• Cleary Gottlieb Antitrust Developments in Europe
• Client Trust Accounts (MCLE)
• College and University Law (MCLE)
• Colorado Estate Planning, Will Drafting and Estate Administration
• Colorado Evidentiary Foundations
• Commercial Contracting: Sales Under the UCC
• Commercial Ground Leases
• Comparative Negligence
• Competition Law of the European Community
• Computer Contracts
• Computer Law
• Construction Insurance: Coverages and Disputes
• Contested Valuation in Corporate Bankruptcy
• Contingent Workforce: Business and Legal Strategies
• Copyright and the Public Domain
• Corporate Criminal Liability and Prevention
• Corporate Governance: Avoiding and Responding to Misconduct
• Corporate Legal Departments
• Corporate Privileges and Confidential Information
• Court Awarded Attorney Fees
• Court-Martial Procedure
• Courtroom Criminal Evidence
• CPCS Training Manual for Criminal Defense (MCLE)
• Criminal Law Advocacy
• Criminal Procedure in North Carolina
• Criminal Tax Fraud
• Critical Issues in the Sarbanes-Oxley Act: Audit Committee
• Cyberlaw: Intellectual Property in the Millennium (LJP)
• Defending Federal Criminal Cases: Attacking the Government’s Proof
• Depreciation Handbook
• Directors’ and Officers’ Liability
• Directors and Officers Liability: Prevention, Insurance, and Indemnification
• Discovery in Construction Litigation
• Doing Business in Ireland
• Doing Business in Japan
• Doing Business in the United States
• Doing Business Under the Foreign Corrupt Practices Act
• Drafting Estate Plans (MCLE)
• Drafting for Corporate Finance
• Drafting the Union Contract
• Dubreuil’s Florida Workers’ Compensation Handbook
• EAEDC Advocacy Guide (MCLE)
• Education Law
• Effective Deposition Strategies and Techniques (MCLE)
• Electronic Discovery Deskbook
• Emerging Technologies and the Law: Forms and Analysis
• Employee Benefits Guide
• Employment Discrimination in Massachusetts (MCLE)
• Employment in Illinois: A Guide to Laws, Practice and Regulations
• Employment in Iowa: Guide to Employment Laws, Regulations and Practices
• Employment in Minnesota: A Guide to Laws, Practice and Regulations
• Employment in Ohio: A Guide to Employment Laws, Regulations and Practice
• Employment in Oregon: A Guide to Employment Laws, Regulations and Practice
• Employment in Washington: A Guide to Employment Laws, Regulations and Practices
• Employment in Wisconsin: Guide to Employment Laws, Regulations and Practices
• Employment Law Yearbook 2011
• Energy Law and Transactions
• Enforcement of Judgments and Liens in Virginia
• Environmental Enforcement: Civil and Criminal
• Environmental Litigation and Toxic Torts Committee Newsletter
• Environmental Regulation of Real Property (LJP)
• Environmental Science and Engineering for Lawyers (MCLE)
• Equipment Leasing
• Equipment Leasing – Leveraged Leasing
• Estate Planning: Forms, Practice and Tax Analysis
• European Merger Control Law
• European Patent Law and Practice
• Evidentiary Foundations
• Executive Stock Options and Stock Appreciation Rights
• Extra-Contractual Litigation Against Insurers
• Faber on Mechanics of Patent Claim Drafting
• Farm Income Tax Manual
• Federal Acquisition Regulations: Intellectual Property and Related Rights
• Federal Bail and Detention Handbook
• Federal Class Action Deskbook
• Federal Criminal Trials
• Federal False Claims Act and Qui Tam Litigation
• Federal Income Taxation of S Corporations
• Federal Securities Act of 1933
• Federal Securities Exchange Act of 1934
• Federal Tax Accounting (Gertzman)
• Federal Taxation of Financial Instruments & Transactions
• Federal Taxation of Oil and Gas Transactions
• Federal Taxes Affecting Real Estate
• Federal Trade Commission: Law, Practice and Procedure
• Ferrara on Insider Trading and The Wall
• Fiduciary Litigation in the Probate Court (MCLE)
• Financial Product Fundamentals
• Financing a Massachusetts Business (MCLE)
• FIS Regulatory Advisory Services Compliance Manual
• FIS Regulatory Advisory Services Policy Manual
• Florida Criminal Defense Trial Manual
• Florida Medical Malpractice Handbook (FLCLE)
• Florida Real Property Title Examination & Insurance
• Food Safety Law
• Food Stamp/SNAP Advocacy Guide (MCLE)
• Foreclosures in Florida: Remedies, Defenses and Lender Liability
• Foreign Tax and Trade Briefs
• Franchising
• Freedom of Information and Public Records Law (MCLE)
• Friend’s Virginia Pleading and Practice
• Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters and Employers (NJICLE)
• Georgia Corporate Forms
• Georgia Domestic Relations Case Finder
• Georgia DUI Law A Resource for Lawyers and Judges
• Goolsby on Virginia Corporations, Fourth Edition
• Grand Jury Practice (LJP)
• Green Buildings: Law, Contract and Regulation
• Guardianship and Conservatorship in Massachusetts
• Guide to Best Practices in Commercial Arbitration
• Guide to Maryland Zoning Decisions
• Handbook on Evidence for West Virginia Lawyers
• Handbook on International Commercial Arbitration
• Handbook on West Virginia Criminal Procedure
• Hawaii Rules of Evidence Manual
• Health Care Fraud: Enforcement and Compliance
• Health Care Law Sourcebook
• Herlick, California Workers’ Compensation Law (6th Edition – treatise)
• Hillman on Commercial Loan Documentation
• Hiring and Firing
• Hiring and Firing in Massachusetts (MCLE)
• Hogan & Weber, California Civil Discovery
• Home Owner Associations and Planned Unit Developments – Law and Practice: Forms
• How To Handle An Appeal
• How to Save Time & Taxes Preparing Fiduciary Income Tax Returns
• Illinois Civil Procedure
• Illinois Criminal Law: A Survey of Crimes and Defenses
• Illinois Criminal Procedure
• Immigration Fundamentals
• Indiana Estate Planning and Probate Practice
• Indiana Trial Evidence Manual
• Information Technology Litigation: Law and Analysis
• Insuring Real Property Businesses
• Intellectual Property and Computer Crimes
• Intellectual Property in Business Transactions: Protecting the Competitive Advantage
• Intellectual Property Law: Damages & Remedies (LJP)
• Intellectual Property Licensing Agreements (MCLE)
• Intellectual Property Licensing: Forms and Analysis
• Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments
• in Transnational Disputes
• International Arbitration Checklists, 2nd Ed.
• International Computer Law
• International Copyright Law and Practice
• International Tax and Estate Planning
• Internet and Online Law
• Investment Adviser Regulation
• Investment in China- Tax Law & Practice
• IRS Practice and Procedure Deskbook
• Judicial Conduct and Ethics
• Kentucky Criminal Law and Procedure
• Kentucky Evidence Courtroom Manual
• Kentucky Evidence Law Handbook
• Killer Roads: From Crash to Verdict
• Kissiah’s Georgia Workers’ Compensation Law
• Labor and Employment in Connecticut
• Labor and Employment in Georgia: A Guide to Employment Laws, Regulations & Practices
• Labor and Employment in Louisiana: A Guide to Employment Laws, Regulations & Practices
• Labor and Employment in NE: A Guide to Employment Laws, Regulations, and Practices
• Langer on Practical International Tax Planning
• Law and Practice of Secured Transactions: Working With Article 9
• Law Firm Partnership Agreements
• Law of Associations
• Law of Evidence in Virginia
• Lawyers’ Guide to Medical Proof
• Lawyers’ Medical Cyclopedia
• Legal Chowder: Lawyering & Judging in Massachusetts (MCLE)
• Legal Research and Law Library Management
• Legal Tactics: Finding Public and Subsidized Housing (MCLE)
• Legal Tactics: Tenants’ Rights in Massachusetts (MCLE)
• Leveraged Buyouts
• LexisNexis Practice Guide Florida EDiscovery and Evidence
• Licensing of Intellectual Property
• Likelihood of Confusion in Trademark Law
• Litigating Residential Real Estate Disputes (MCLE)
• Litigating Securities Class Actions
• Litigation Management
• Louisell & Williams, Medical Malpractice
• Manning on Estate Planning
• Marketing the Law Firm: Business Development Techniques
• Maryland Evidence Courtroom Manual
• Maryland Evidence Handbook
• Maryland Landlord-Tenant Law: Practice and Procedure
• Maryland Legislative Review Service
• Maryland Rules Commentary
• Maryland Workers` Compensation Handbook
• Massachusetts Basic Forms (MCLE)
• Massachusetts Corporations and Other Business Entities
• Massachusetts Criminal Law Sourcebook & Citator 2011 (MCLE)
• Massachusetts E-Discovery and Evidence (MCLE)
• Massachusetts Guide to Evidence (MCLE)
• Massachusetts Mortgages, Foreclosures, and Workouts (MCLE)
• Massachusetts Real Estate: A Practice Systems Library Manual
• Massachusetts Wage and Hours Handbook (MCLE)
• MassHealth Advocacy Guide (MCLE)
• Mastering Voir Dire & Jury Selection
• Maximizing Law Firm Profitability: Hiring, Training and Developing Productive Lawyers
• McGrady on Social Media
• Medical Malpractice
• Medical Malpractice (Harney)
• Medical Records Privacy Under HIPAA
• Merit Systems Protection Board: Rights and Remedies
• Michigan Corporation Law
• Michigan Estate Planning, Will Drafting and Estate Administration Forms
• Military Crimes and Defenses
• Military Criminal Justice: Practice and Procedure
• Military Evidentiary Foundations
• Military Judges’ Benchbook
• Military Rules of Evidence Manual
• Minnesota Misdemeanors and Moving Traffic Violations
• Missouri Civil Litigation Forms
• Missouri Commercial Law (MoBarCLE)
• Missouri Consumer Law and Practice (MoBarCLE)
• Missouri Contracts (MoBarCLE)
• Missouri Criminal Practice Forms
• Missouri Remedies (MoBarCLE)
• Modern Maryland Civil Procedure
• Money Laundering, Asset Forfeiture and Compliance-A Global Guide
• Moving for Relief from the Automatic Stay in Bankruptcy (MCLE)
• Murphy’s Will Clauses: Annotations and Forms with Tax Effects
• Mutual Fund Regulation
• Mutual Funds: Law and Practice
• National Labor Relations Act: Law and Practice
• NERC and Mandatory Electric Reliability Compliance
• New Hampshire Evidence Manual
• New Hampshire Practice Series: Land Use Planning and Zoning
• New Hampshire Practice Series: Local Government Law
• New Hampshire Practice Series: Municipal Taxation and Road Law
• New Hampshire Practice Series: Probate Law & Procedure
• New Hampshire Practice Series: Wills, Trusts & Gifts
• New Hampshire Practice: Criminal Practice & Procedure
• New Hampshire Practice: Family
• New Hampshire Practice: Personal Injury
• New Hampshire Practice: Real Estate
• New Jersey Medical Malpractice Law (NJICLE)
• New Power of Attorney Legislation for New York
• New York Elder Law Handbook
• New York Juvenile Delinquency Practice
• New York Nonprofit Law and Practice
• New York Suppression Manual
• New York University Institute on State & Local Taxation
• New York Workers’ Compensation Handbook
• Newsgathering and the Law
• Ninth Circuit Criminal Handbook
• North Carolina Contract Law
• North Carolina Evidentiary Foundations
• North Carolina Law of Torts
• NY CLS Desk Edition Civil Practice Annual
• NYU Review of Employee Benefits
• Obtaining, Using and Protecting Trademarks (MCLE)
• Ohio Business Entities, Second Edition
• Oklahoma Estate Planning: Will Drafting and Estate Administration Forms
• Oregon Evidence
• Organizing and Dissolving a Massachusetts Business (MCLE)
• Patent Law Perspectives
• Patent Law: A Practitioner’s Guide
• Patent Licensing
• Patent Litigation: Client Handbook
• Patent Office Rules and Practice
• Personal Injury Law In Virginia
• PLI Hedge Fund Regulation
• Policies and Procedures to Prevent Fraud and Embezzlement
• Practical Guide to The Occupational Safety and Health Act
• Practical Guide to U.S. Transfer Pricing, Third Edition
• Practical Skills Series: Municipal Court (NJICLE)
• Practitioner’s Handbook on International Arbitration and Mediation – 2nd Edition
• Precedent in International Arbitration
• Prince, Richardson on Evidence
• Principles of Corporate Governance: Analysis and Recommendations
• Principles of the Law of Family Dissolution: Analysis & Recommendations
• Private Equity Funds: Business Structure and Operations
• Probate and Administration of Estates in Massachusetts (MCLE)
• Product Liability
• Product Liability: Winning Strategies and Techniques
• Professional Liability Insurance
• Protecting and Enforcing Copyright (MCLE)
• Protecting Trade Secrets (MCLE)
• Proving Medical Diagnosis & Prognosis
• Public Companies
• Public Company Deskbook
• Punitive Damages
• Qualified Domestic Relations Orders: Strategy and Liability for the Family Law Attorney
• Real Estate for the General Practitioner
• Regulation of Pharmaceutical Manufacturers
• Regulation of the Gas Industry
• Regulatory Takings
• Reinsurance Law
• Reinsurance Law: An Analytic Approach
• Reorganizations Under Chapter 11 of the
• Bankruptcy Code
• Representing High-Tech Companies
• Responsibilities of Insurance Agents and Brokers
• Resumen Legislativo de Puerto Rico
• Rhode Island Civil Practice and Procedure
• Rhode Island Tort Law and Personal Injury Practice
• Richard’s on Tennessee Family Law
• RICO: Civil and Criminal Law Strategy
• Right to Light (and heat) Handbook (MCLE)
• Sack on Defamation
• Sanctions: The Federal Law of Litigation Abuse
• Savings Institutions: Mergers, Acquisitions and Conversions
• Scientific Evidence
• Securities Law of Public Finance
• Securities Primary Law Sourcebook
• Securities Regulation: Liabilities and Remedies
• Servicemember and Veterans Rights
• Sex Discrimination and Sexual Harassment in the Workplace
• Sex Offender Registry Practice (MCLE)
• Shareholder Derivative Litigation: Besieging the Board
• Sinclair on Federal Civil Practice, 5th Edition
• Soderquist on Corporate Law and Practice
• Soderquist on Securities Law
• Special Education Law in Massachusetts (MCLE)
• Sports Law Practice
• Start-Up & Emerging Companies: Planning,
• Financing and Operating the Successful Business
• Stein on Probate: Admin. of Decedents’ Estates – Minnesota
• Stocker & Rikoon on Drawing Wills and Trusts
• Structured Finance: A Guide to the Principles of Asset Securitization
• TAFDC and EA Advocacy Guide (MCLE)
• Tax Aspects of Divorce and Separation (LJP)
• Tax Controversies: Audits, Investigations, Trials
• Tax Planning For Corporations and Shareholders
• Tax Planning for Corporations and Shareholders-Forms
• Tax Planning for Retirees
• Tax Planning for S Corporations
• Tax Planning for the Alternative Minimum Tax
• Tax, Estate & Financial Planning for the Elderly
• Taxation of Executive Compensation: Planning and Practice
• Taxation of Financial Institutions
• Taxation of Hospitals and Health Care Organizations
• Taxation of Intellectual Property and Technology
• Taxation of Mining Operations
• Taxation of Securities Transactions
• Tennessee Civil Procedure
• Tennessee Forms
• Tennessee Law of Evidence
• Texas Courtroom Evidence
• Texas Court’s Charge Reporter
• Texas Evidentiary Foundations
• Texas Municipal Zoning Law
• Texas Personal Injury Handbook
• Texas Wind Law
• Texas Workers’ Compensation Handbook
• The Art of Advocacy in International Arbitration
• The Consolidated FINRA Rulebook: The Conduct Rules
• The Institute for Energy Law of The Center for American and International Law
• The Law and Practice of Arbitration – 3rd Edition
• The Law of Advertising
• The Law of Commercial Trucking: Damages To Persons and Property
• The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation
• The Leading Arbitrators’ Guide to International Arbitration – 2nd Edition
• The Portable New Jersey Interstate Child Support Handbook (NJICLE)
• Thompson on Real Property, Thomas Editions
• Tort Remedies in Connecticut Trade Secrets
• Trade Secrets – A Practitioner’s Guide Trademark Law
• Treatise on Environmental Law
• Trust Department Administration and Operation
• Trying Divorce Cases in Massachusetts (MCLE)
• Unclaimed Property Law and Reporting Forms
• Unemployment Advocacy Guide (MCLE)
• Uninsured And Underinsured Motorist Insurance
• Utah Auto Law
• Utah Real Property Law
• Venture Capital: Forms and Analysis
• Virginia Civil Procedure
• Virginia Criminal Benchbook for Judges and Lawyers
• Virginia Criminal Law and Procedure
• Virginia Personal Injury Forms
• Virginia Remedies
• Virginia Workers’ Compensation
• Washington Criminal Practice in Courts of Limited Jurisdiction
• Washington Insurance Law
• Wiebusch on New Hampshire Civil Practice and Procedure
• Witkin & Epstein California Criminal Law
• Witkin California Evidence
• Witkin California Procedure
• Witkin Summary of California Law
• Working with Contracts: What Law School Doesn’t Teach You
• World Arbitration Reporter- 2nd Edition
• Written and Electronic Discovery: Theory and Practice
• Zoning Law and Practice